Performance Cookies
Definition
Performance cookies, also known as analytics cookies, are cookies that collect information about how visitors interact with a website. These cookies track metrics like which pages are most popular, how users navigate through the site, how long they spend on each page, which links they click, and whether they encounter error messages. The data is typically aggregated and anonymized to analyze overall site performance rather than individual user behavior. Common performance cookies include Google Analytics, Adobe Analytics, and other web analytics tools. The purpose is to help website owners understand user behavior, identify issues, optimize content placement, and improve overall site functionality. Despite their analytical purpose, performance cookies generally require user consent under the ePrivacy Directive because they're not strictly necessary for the website to function. The EU guidance has been clear that analytics cookies fall outside the narrow exception for strictly necessary cookies. However, some regulators have indicated that properly configured analytics tools that are privacy-protective (like anonymizing IP addresses, limiting data sharing, and aggregating data) might require less stringent consent mechanisms. Organizations should implement consent management platforms to obtain proper consent before placing performance cookies and provide users with clear information about their analytics practices.
Applicable Laws & Regulations
- 1ePrivacy Directive Article 5(3)
- 2GDPR Article 6
- 3PECR Regulation 6
- 4CNIL Analytics Cookie Guidance